Miscalculation of Overtime
Philadelphia Overtime Miscalculation Lawyers
An increasingly common tactic that employers use to pay employees less for overtime hours is to leave out certain compensation details in their wage calculations, such as bonuses and shift differentials (increased pay for night shifts). They may also attempt to average hours across multiple weeks to reduce the amount of overtime for a single week or pay period. However, these sorts of practices are a form of wage theft and violate federal and state labor laws.
If your employer has withheld or miscalculated your overtime wages, you may be eligible to file an overtime wage claim against them to recover the earnings you deserve. At Winebrake & Santillo, we help workers pursue wage claims and file individual and class action lawsuits against businesses that regularly refuse to fairly pay their employees for overtime.
Contact us today by calling (215) 866-1551 to schedule a consultation with our Philadelphia overtime miscalculation attorneys.
“Have significant experience in similar matters under the [Pennsylvania Minimum Wage Act]” - Torres v. Brandsafway Indus. LLC, 2023 U.S. Dist. LEXIS 10631, at *8 (W.D. Pa. Jan. 20, 2023).
“I highly recommend this law firm.” - Brandon
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Overtime is defined by the federal Fair Labor Standards Act (FLSA) as any number of hours worked in a week beyond 40 hours. The FLSA also requires that employers pay eligible employees at least 1.5 times their normal pay rate for any overtime hours. For example, Pennsylvania matches the federal minimum wage limit, which is $7.25 per hour. This means employees who normally make minimum wage are entitled to $10.88 for each overtime hour worked.
The federal and state wage and overtime rules apply to most hourly and salary employees. However, there are certain employees who may be exempt from these rules, such as certain executives, high-level admins, outside sales professionals, and some computer analysts, programmers, and engineers who perform specific duties.
Determining overtime eligibility and proving miscalculation can be extremely difficult, which explains why employers so frequently get away with it. In fact, in 2014, the Economic Policy Institute (EPI) stated overtime miscalculation and other forms of wage theft affect far more people than any other form of theft or burglary. This problem has stubbornly persisted and, in 2021, the EPI issued a report calling for the U.S. Department of Labor to increase efforts to mitigate this issue.
Fortunately, you don’t have to tackle your overtime miscalculation case alone. The legal team at Winebrake & Santillo has over 70 years of combined experience and handles more wage and hour cases than any other firm in the state of Pennsylvania. We can help you file your claim, gather evidence, and advocate for your financial and professional interests each step of the way. Although we’re based in Philadelphia, we are also licensed to practice in all 50 states and accept clients from throughout the U.S.
Call (215) 866-1551 or message us today to discuss your case with our Philadelphia-based overtime miscalculation lawyers.